Does acquitted mean not guilty
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Does acquitted mean not guilty trial#
Can You Be Prosecuted Again After a Mistrial?Ī second trial may be permitted where a mistrial is the result of manifest necessity, 6 as when, for example, the jury cannot reach a verdict 7 or circumstances plainly prevent the continuation of the trial.
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5 These reasons both inform the determination when jeopardy attaches and the evaluation of the permissibility of retrial depending upon the reason for a trial’s premature termination. 3 The reason that the defendant’s right is so valued is that he has a legitimate interest in completing the trial once and for all and concluding his confrontation with society, 4 so as to be spared the expense and ordeal of repeated trials, the anxiety and insecurity of having to live with the possibility of conviction, and the possibility that the prosecution may strengthen its case with each try as it learns more of the evidence and of the nature of the defense. 2 The reasons the Court has given for fixing the attachment of jeopardy at a point prior to judgment and thus making some terminations of trials before judgment final insofar as the defendant is concerned is that a defendant has a valued right to have his trial completed by a particular tribunal. 1 Therefore, if after jeopardy attaches the trial is terminated for some reason, it may be that a second trial, even if the termination was erroneous, is barred. The common law generally required that the previous trial must have ended in a judgment, of conviction or acquittal, but the constitutional rule is that jeopardy attaches much earlier, in jury trials when the jury is sworn, and in trials before a judge without a jury, when the first evidence is presented. United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ” What It Means
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However, when this protection applies depends on how far a case gets in the criminal justice system. Under the Fifth Amendment’s protection against double jeopardy, you cannot be prosecuted for the same offense twice.
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